San Jose Estate Law Blog
Avoid probate with your estate plan
The probate process involves gathering and distributing the assets of an estate under court supervision. Because of its lengthy, costly reputation, many individuals take steps to avoid the probate process with careful estate planning. These strategies can help you...
Modifying and invalidating a will
While studies have shown that less than half of American adults (in general) do not have a will, that does not mean that statistic holds true across all demographics. Indeed, older Americans seem to be more apt to take the advice of estate planning experts to heart....
Does your estate plan address digital assets?
When you think of estate planning, you might think of writing a will to determine who gets someone’s house or vacation property. However, it is important to remember the intangible aspects of your life that may be overlooked in your estate plan.What to do with...
Understanding no-contest clauses
You may often be placed in a precarious position when you are party to the estate of a loved one in San Jose. If, for example, the terms of your family member or friend’s will are not what you anticipated (and you choose to challenge them), many might write off...
Is a nuncupative will legal?
Nuncupative wills are those that are spoken orally to another party. This typically occurs when a person is on their death bed and must provide instructions for the transfer of personal property to beneficiaries. In many cases, oral wills are not legally...
What are beneficiary designations?
When estate planning, you'll need to decide what to do with proceeds from retirement accounts and life insurance policies. In this case, beneficiary designations determine who receives these assets after you die. It's important to understand how beneficiary...
Requirements for a valid will
Many California residents have an estate plan to ensure their belongings go to their family, friends and charities after they die. If you have a loved one who changed their will frequently, or shortly before they passed away, it may be unclear if the document reflects...
Revocable and irrevocable trusts: What’s the difference?
Most high-asset couples already have a will in place, and several in California also have living trusts completed so that they can avoid the probate process, transferring assets sooner with smaller legal fees. If you haven’t set up a living trust, or know...
Who should I pick to be my power of attorney?
A power of attorney is a representative you choose to handle financial and medical decisions should you become incapacitated. Making the right selection is crucial to ensure medical staff and family are fully aware of your decisions, while also making certain that...
Defining the parent-child relationship
The inheritance rights of one's natural heirs through California's intestate succession guidelines have been detailed on this blog in the past. A decedent's children are entitled to a portion of their intestate estate if the children survive them. That is, of course,...
